Terms of Use

1 Terms of Use

Welcome to www.zarraffascoffee.com (the “Website”), operated by Zarraffa’s Management Pty Ltd (ACN 093 874 189) (“Zarraffa’s”). In this document, the terms “you” and “your” means you the user; and the terms “we”, “us” and “our” means Zarraffa’s.

Your access to this Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document (collectively known as the ‘Terms of Use’).

Your use of, and/or access to, the Website constitutes your agreement to these Terms of Use. Please review our Privacy Policy, which also governs your use of the Website, to understand our practices regarding privacy and SPAM. The terms and conditions of the Privacy Policy are incorporated herein and made a part of this Agreement.

We reserve the right to amend these Terms of Use at any time. These Terms of Use are intended to apply internationally to residents located throughout the world.

Your access to the Zarraffa’s Z Card™ section of the Website is not covered by these Terms of Use. To view the full terms and conditions of the Zarraffa’s Z Card™ program, click here.

2. Use and Responsibility

You must use the Website in a responsible manner. You must not:

(a) use the Website for any activities or post or transmit via the Website, any information or materials which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standard or codes;

(b) use the Website to post or transmit content which infringes any copyright, trade mark, patent or other intellectual property right or any moral right or to cause the unlawful distribution of copyrighted content or illegal content;

(c) in any way tamper, hinder or modify the Website;

(d) knowingly transmit any viruses or other disabling features to the Website or via the Website;

(e) attempt any of the above acts or facilitate or assist another person to do any of the above acts.

3 Intellectual Property Notice

Copyright: All content included on this Website including, but not limited to text, design, graphics, photographs, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of or licensed by Intellectual Plus Pty Ltd (ACN 079 280 836) (“Intellectual Plus”) or its suppliers and protected by Australian and international copyright laws. The compilation of all content including any survey conducted on the Website are the exclusive property of Intellectual Plus and protected by Australian and international copyright laws. All software used on this Website is the property of Zarraffa’s or its suppliers and protected by Australian and international copyright laws.

Trade Marks: All graphics, logos, page headers, button icons, scripts, and service names displayed on the Website are exclusively the trade marks or registered trade marks of Intellectual Plus in Australia and/or other countries (“Zarraffa’s Trade Marks”). Zarraffa’s Trade Marks may not be used in connection with any product or service that is not Zarraffa’sin any manner, including any manner that may or is likely to cause confusion among members, or in any manner that disparages or discredits Zarraffa’s.All other trade marks not owned by us that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Zarraffa’s.

Limited Licence: Intellectual Plus does not grant you a licence and does not permit you to use any of the trade marks or logos, whether registered or unregistered, that are displayed on the Website without the express written permission of the trade mark owner. You may not copy, reproduce, modify, republish, frame, distribute, transmit, publish, upload to a third party, post, enter into a database, display, link, perform, modify, create derivative works, transmit, the content of this Website. You may view this Website and its contents using your web browser. In visiting the Website, you are able to save an electronic copy of the Website by means of the usual operation of your web browser only.

4. Restrictions on Use

You must not use the Website in any manner or for any purpose which is unlawful or in any manner which violates any of our rights which are prohibited by these Terms of Use. You agree that you will not upload or transmit any communications or material of any type that infringe or violate any laws or the rights of any party.

We reserve the right to suspend or terminate your use of or access the Website at anytime and for any reason, without notice to you.

5. Advertising, Third Party Content and Links to Third Party Websites

The Website may contain hyperlinks and other pointers to Internet Websites operated by third parties. We do not control these linked websites and are not responsible for the contents of any linked website or any hyperlink contained in a linked website. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by us of the website or the products or services provided at those websites. You link to any such website entirely at your own risk.

Some of the content provided on the Website may relate to products, services or information supplied from third parties. We are not responsible for the accuracy of third party content or the suitability or quality of these products, services or information from these third parties. You should contact the relevant third party directly to enquire about the products, services or information provided. The third party products, services and information are not provided or endorsed by us and your legal relationship is with the third party supplier.

We may receive fees and/or commissions from the third parties for displaying their information on the Website. You acknowledge and consent to us receiving these fees.

6. No reliance on Information

All information contained on the Website, including information relating to third parties, is for information purposes only. We attempt to be as accurate as possible. However, we do not warrant that content on this Website is accurate, complete, reliable, current, or error-free.

7. Other Businesses

We may provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

8. Indemnity

By using this Website, you agree to indemnify Zarraffa’s from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of the Website by you.

9. Disclaimer

Some legislation such as the Australian Competition and Consumer Act 2010 (Cth) (‘ACL’)and other similar consumer protection laws and regulations in other countries may confer you with rights and remedies relating to the provision of goods or services to you by us via the Website which cannot be excluded, restricted or modified (your ‘Statutory Rights’). We exclude all conditions, warranties and/or guarantees implied by custom, law or statute save for your Statutory Rights.

Save for your Statutory Rights, in respect of the Website:

(a) all material on the Website is provided to you without warranties or guarantees of any kind, either express or implied;

(b) to the maximum extent permitted by law and the statutory consumer guarantees as provided in Chapter 3 Part 3.2 of the ACL, we do not give an express warranty of any kind in relation to any goods and/or services supplied via the Website and no claim for a refund of goods and/or services provided via the Website can be made unless those goods and/or services are faulty or incorrectly sent. Goods and/or services returned must be returned within 30 days and be accompanied by a valid receipt of purchase.

(c) we do not warrant that the functions contained in any material on the Website or your access to the Website will be uninterrupted or error free, that any defects will be corrected or that the Website or the server which stores and transmits material to you are free of viruses or any other harmful components;

(d) we do not warrant or make any representation regarding your access to, or the results of your access to, the Website including its correctness, accuracy, timeliness, completeness, reliability or otherwise;

(e) you solely assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant information contained on the Website.

To the extent permitted by law, including but not limited to any act or omission on our part, we will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access, the Website.

You expressly acknowledge that we do not exert control over users of the Internet and are not liable for damage suffered by you, either directly or indirectly, as a result of you accessing the Website.

10. Privacy

Every time you use the Website, information is collected by our service or on our behalf via services such as Google Analytics. Types of information collected include:

· The date and time of your visit to our Website and online software;

· Your IP address;

· The address of the documents you access;

· The type of browser and operating system you are using; and

· Any address of a recurring site and any other website you are about to visit.

The information that will be collected provides us with details about how the Website will be used including the frequency and duration of visits, and which web pages you have accessed on the website. We will not collect any personal information which may reveal racial or ethnic origin, political opinions, philosophical beliefs, trade union membership, sexual activity or sexual orientation.

The Website uses cookies. Cookies are pieces of information that websites send to the browser and are stored in the computer hard-drive. Cookies make using this website easier by storing information about your preferences on this Website. This allows the site to be tailored to you on any of your return visits. Cookies will not identify you personally. If you would prefer not to receive cookies, you can alter your security settings on your web browser to disable cookies or to warn you when cookies are being used. However, by disabling the cookie function in your web browser you may impede your ability to use parts of the site.

We may utilise certain third party advertising services (e.g. organisations such as FastClick or Google) to display advertising for our advertisers. These third party services may place a cookie on your computer for the purposes of ad tracking and presentation. We do not share personally identifiable visitor information with its advertising services.

For further information regarding how we deal with personal or private information, please review our Privacy Policy provided on this Website.

If you have any concerns or questions regarding your privacy on the Website, please contact us by telephone on +617 5500 0800 or send any questions or queries via our email address: admin@zarraffas.com.au.

11. Miscellaneous

We rely upon your continued observance of these Terms of Use. In the event that we suffer loss or damage or incur any costs associated with any breach of these Terms of Use or any associated legal obligation, you agree to indemnify us for those losses, damages and costs.

These Terms of Use are governed by and construed in accordance with the laws of the State of Queensland, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of the State of Queensland and Courts of Appeal from them for determining any dispute concerning these Terms of Use.

We do not make any claims that the information contained on the Website is appropriate or may be downloaded in all areas, countries or jurisdictions. Access to the information contained in the Website may not be legal by certain persons or in certain countries. If you access the Website you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.

If any provision of these Terms of Use is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.

We reserve all rights not expressly granted to us under these Terms of Use. If we do not act in relation to a breach of these Terms of Use by you, this does not waive our rights to act with respect to subsequent or similar breaches of these Terms of Use by you.

12 Termination

These Terms of Use are effective until terminated by us. We may terminate these Terms of Use with you and your access to the Website at any time without notice. In the event of termination, all restrictions imposed on you by these Terms of Use and/or disclaimers and limitations of liability set out in these Terms of Use will survive.